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CHMELKA v. SMITH

No. 10093.

130 N.W.2d 423 (1964)

Donald Joseph CHMELKA, Plaintiff and Appellant, v. Milo H. SMITH, Commissioner of Motor Vehicles of the State of South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

September 25, 1964.

Attorney(s) appearing for the Case

Mundt & Weisensee, Sioux Falls, for plaintiff and appellant.

Frank L. Farrar, Atty. Gen., Alfred E. Dirks, Asst. Atty. Gen., Pierre, for defendant and respondent.

ROBERTS, Judge.

On April 19, 1963, Donald Joseph Chmelka filed a petition in the Circuit Court of Minnehaha County alleging that the Department of Motor Vehicles had revoked his permit to operate a motor vehicle for a period of one year for the alleged refusal of the petitioner to submit to a chemical test and requesting that he be granted a trial de novo to determine whether his permit was subject to suspension or revocation. The court set the matter for hearing...

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